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B-229104 1 (1988-04-04)

handle is hein.gao/gaobadnbe0001 and id is 1 raw text is: Z The Comptroller General of the United States Washington, D.C. 20548 UDecision Matterof: Edward F. Carey - Pay Retention - Foreign Service Appointment File: B-229104 Date: April 4, 1988 DIGEST An employee who held a 30-month Foreign Service term appointment with the Peace Corps was not entitled to retained pay when he exercised his statutory reemployment rights and was reemployed at ACTION at a lower rate of pay. The employee's statutory rights define the extent of his agency's obligation to reemploy him in his former position, and there is no authority in the grade and pay retention statute, 5 U.S.C. SS 5361 et seq., to expand upon this authority. Further, Office of Personnel Management regulations specifically preclude an employee serving under a temporary reassignment from retaining a grade or rate of basic pay held during a temporary reassignment. DECISION Mr. Edward F. Carey, an employee of ACTION, has appealed our Claims Group Settlement Z-2864133, August 3, 1987, which denied his claim for retained pay when he transferred from the Peace Corps to ACTION. For the reasons that follow, we affirm our Claims Group determination. BACKGROUND Sections 4 and 5 of the 1965 amendments to the Peace Corps Act (now codified at 22 U.S.C. S 2506 (1982)), Public Law 89-134, August 24, 1965, 79 Stat. 549-551, rescinded the prior authority of the President under the Peace Corps Act to appoint Peace Corps employees serving in the united States in accordance with the standard civil service laws and regulations. The 1965 amendments provided that Peace Corps appointment authority is solely under the Foreign Service Act, as amended, 22 U.S.C. SS 3901 et seq. (1982), relating to the appointment of Foreign Service staff officers and employees. See B-198187, Apr. 22, 1980.

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